Muyideen V. Nba & Anor (2021)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C. 

The appellant, a legal practitioner, was tried before the Legal Practitioners Disciplinary Committee (LPDC) and found guilty of infamous conduct. The LPDC thereafter, on 21st March, 2018, issued the following direction:

(i) That the 3 counts in the complaint are found proved against the respondent, Olayori Muyideen, Esq.

(ii) That you, Olayori Muyideen, is found guilty of infamous conduct in a professional sense punishable under Section 12(1)(ii) of the Legal Practitioners Act (Revised) as charged in all the 3 counts of the Complaint. We accordingly DIRECT THE CHIEF REGISTRAR OF THE SUPREME COURT OF NIGERIA as follows:

(iii) The name of the respondent Olayori Muyideen shall forthwith be STRUCK OFF the Roll of Legal Practitioners kept at the Supreme Court of Nigeria and shall cease from the date of this DIRECTION from carrying on the trade or business of a Legal Practitioner accordingly he is not to parade himself or allow himself to be paraded as a Legal Practitioner and he is not to engage in or participate in the practice of law in any manner or form forthwith.

(iv) We further direct as it is within our powers to do that the respondent within 30 days from the date of this Order i.e. today the 21st day of March 2018 refund or return to the petitioner Madam Elizabeth Abiola Gbolade of No. 5 Akhimien Street, Ijegun Alimosho Lagos the sum of N1,129,500.00 (One Million, One Hundred and Twenty-Nine Thousand, Five Hundred Naira) only through the complainant in this matter.

The CHIEF REGISTRAR OF THE SUPREME COURT is hereby DIRECTED to effect the above orders forthwith. We further order that NOTICE of this DIRECTION be immediately brought to the attention of the respondent by service on him personally or at his last known address (the presence of the respondent at the proceeding of this Committee where this DIRECTION is read shall be deemed to be sufficient personal service) and by publication in any edition of the PUNCH Newspaper and by publication in the Federal Gazette as required by law. Copies of this Direction must also be served on the President of the Nigerian Bar Association who will take steps to notify the General Council of the Bar, National Executive Committee and other organs of the NBA with the Direction of this Committee.

We also Direct that the entire judgment encompassing this Direction shall be brought to the attention of their lordships, the Chief Justice of Nigeria, President of Court of Appeal, the Honourable Chief Judges of the High Court of Lagos State, Federal High Court and High Court of States of the Federation, Heads of all other Courts in the FCT and in Nigeria, the Attorney-General of the Federation and the entire Attorneys General of the remaining 36 States of the Federation. The order shall also be served on the Inspector-General of Police, the Commissioner of Police of Lagos State and the respective Commissioners of Police in all the States of the Federation.

Dated at Abuja this 21st Day of March, 2018

(Sign)

Joseph Bodunrin Daudu, SAN

Chairman, Legal Practitioners Disciplinary Committee

Aggrieved by the Direction, the appellant has appealed. The appeal is predicated on two issues for its determination, to wit-

1. Whether having regard to the variations in the composition of the Committee at various times and stages of the proceedings, the Direction dated 21st day of March, 2018 given against the appellant by the Hon. Trial Committee were not done in utter breach of the appellant’s rights to fair-hearing; and thus, a nullity. (Distilled from grounds 4 & 5)
2. Whether the 2nd respondent was not wrong for not properly considering the relevant material fact and evidence placed before it in reaching the conclusion that the appellant is guilty of infamous conduct in a professional sense and consequently giving its direction against the appellant. (Grounds 1 & 2).

The facts germane for the determination of issue 1 are found ex facie pages 76, 80, 89 and 153 of the record. The PW1 commenced and concluded his evidence on 14th September, 2017 (at pages 76 & 77) before the Panel comprising J. B. Daudu, SAN – Chairman and four other members, namely: Hon. Justice Abdu Aboki, PJCA; Hon. Justice Marshall Umokoro, CJ Delta State, Nella Andem Rabana, SAN and Hon. Ahmed Mustapha